HomeMy WebLinkAbout11-0886IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
e,V1( Teo
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Plaintiff ?
NO.
J
V. CIVIL ACTION - LAW
3
-
KRISTIN GALLY
Defendant(s)
CD ter`-.
NOTICE '
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by an attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without further notice
for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or
property rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File # 263397
IIINI IINI IINI IIII NNI IINI IINI IINIII NI IINII IIII IIN IIII
PA/PA_NTME
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
Plaintiff
V.
KRISTIN GALLY
Defendant(s)
NO.
CIVIL ACTION - LAW
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda
puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que
esta Demands y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un
juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado
en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
FFG File#: 263397
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
PA/PA_NTCDE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant(s)
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman & Gullace, LLP,
and files this Complaint and in support avers as follows:
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all
rights, title and interest to defendant's CHASE/WASHINGTON MUTUAL account
XXXXXXXXXXXX6085 (ASSET ACCEPTANCE LLC Number 41194441) (hereinafter "the
account").
2. Upon information and belief, Defendant(s), KRISTIN GALLY, has a last known address(es) of. 35
STONY CREEK CT CARLISLE PA 17013
3. Upon information and belief, the account is based on a written credit agreement entered into
between Defendant and the original grantor; as provided to Plaintiff, the material terms of the
agreement applicable to accounts issued by CHASE/WASHINGTON MUTUAL are attached hereto.
4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans
from the original credit grantor for the purpose of obtaining goods, and/or services and/or cash advances.
5. Defendant(s) failed to make full payment of the amount owed on the account.
6. Upon information and belief, the last payment posted to the account on 01/05/2009.
7. The account shows that the Defendant(s) owe(s) a balance of $1939.29.
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
28405 VAN DYKE
WARREN MI 48093
v
Plaintiff
NO.
CIVIL ACTION - LAW
KRISTIN GALLY
35 STONY CREEK CT
CARLISLE PA 17013
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the
Plaintiff and against Defendant(s) in the amount of $1939.29, plus costs of this action, and any other
relief as this Court deems just and reasonable.
ly Submitted,
David R. Ga oway # 87326
Fulton F64 6n & Gullace, UP
130B Ge sburg Pike
Mecha#sburg, PA 17055
Teleph ne Number: (866) 563-0809
FFG File # 263397
VERIFICATION
I verify that the facts set forth in this Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
Because of my title, I am authorized to make this verification on behalf of Plaintiff.
Datet 2 X C
IIII?III?III?IIIIIIIIN111?111?111?11111111811111111111111
FFG File # 263397
EXHIBIT A
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1napWAR&AV&o Aw w1{HVIJYAs auvM WIV V1 ;VW f\b%O%OU w. &IYM6 MWIdwaNj •V /is •wmp-ft w wr .
you revoke it by notify-ng us, obtaWag the Card in your physical possession, and if it is a
Cud issued to an Authorized User, by also cutting it in WE If you meive a benefit from
the use of your Card or Account by another person, such use will not be considered
unsuehorized. We may require Authorized Uaen to repay the amount owed for the
charg w they nuke.
5. Your Credit Line. Your credit line is the most you May owe on your Account at
any time. You will be told the unount of your credit tine, You may not use your Account
in any way that would cause you to go over your credit line. You may alto be salted to
imm4dWely pay for any amount over your credit line. We may ohwtge your credit line or
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bate the =0 of "vc mC line into iv ift er&f ff?WbM AM AM=.
if tine crodit line is eba raged or limited, you will be notified.
S. Overtknit Fee. If your Account balance (Wmb d ug nay Fiomsaace Chcrgat and my
tees ad charges owed on your Accomt) Is over your credit line al ev time dvriq a
billing cycle, you will be charged an Overlimit In in the amoa d diselond in Pticbq
Soln" Box 10. This fee will be imposed only ogee datdttg ft billing oya* but will be
imposed in tack bil> $ cycle tint you are over your credit litre even if we wAcrisa the
tru ssetion that caned your audit little to be mmooded.
7. Awed Fees if there is an Atmsnl Fee for the Account, you will be billed the
Arawal Fee in the amount disclosed is Pricing Schetl~tle Box 7 whether or not you have
need till Account. If your Aadmal Fee hu beta waived, it will be balled when the waiver
period ills anded, and will than pond aue to be billed = aka smzW basis. The Amatatl Fee
to maotaredimde?bla
a. Payment, All psynatssts by marl =* be made nand received by us in accordance
with the payment inatructiew that appear on of Wilk your dneatkly ttMULCOU atasd
wcmWmying ennvt lopoo. Paymmts mad be in United Stan Dollars stud drawn on a
United Stales fa mcial institution or the Wtod States Postal Service. Payments mud be
made by check, money order, or electronic debit that will be hOrhot'ed by your bank,' or
such other auaos as we permit. In our sole discrdion we will decide bow to apply your
payments, and we willsaWy promsotieaal uta b"em befin I P_ J1ndsbwdsprd rrdny
bebmcoc Allbouyh we post your psymenit a of the bu Was day we reodve them ens
described on your atrternents, your Total Availshle ttedit may not be nowed for up to
15 days after we post your payment. Amy check or other loran of paymaot W1dch you send
us for leas than the fhb balance due that is marked "paid in IW1" or with a similar notation
or that yotn otherwise tender In fwl sstlshation of a &gnutad amount (eondidarsal
payments}, uncut be sent to us at die condidoaal payments address listed on your aaonthly
stalsomt. We reserve all our rots regarding snob peym V , For example, if it is
detarmimed there is no valid dispute or if any snob paymsat is realved at any aba
address, we ally accept the payment "you will still owe any rmAgnf balame& we
may lefts to accept say such payment by rowning it to you, not cubing it or by
derhayinmg it. AU other payment that you make should be aeat to do rogalar psymernt
address shown on your m+ooOdy statatnents.
We reserve the ti=ht to dactror&aily tolled your eligible payment ched* at firer
presentment and tiny repreenstme nt, ftap the book scoomat on which the check was
drown. Our receipt of ycor payment check is your sulbodz dux fr ua to collect to
amouat of the check slaetroadcaliy, or Uneeded by a draft drawn against the bank
account. Checks will be collected electronically by sending the chock amount aloma with
the chock rousting and eccosmt srombers to your bank. Your bmk account may be debited
as early u the rime day we receive your psym at. Ma origtnal obsetc will be dsetroyed
sad on image will be mairm mined is outttoords.
4. BxpWkvd Poyasemn Fee. We may in our discretion permit you to maim paym mu
by na 1 rizing us on yaw behalf to traasfltr flmde ft m a deposit or ottaar account to your
Axcomt. Fat each each payment, you will be charged an Bxpo&W Payneont proeasafag
fns in the asnona dtsctotad in Pddtsg Sohadnle Sox to.
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10. Retwned hylbad Fee. You wiU be cbtuged the Reftned PtymW fee is the
amount disclosed in Pricing Schedule Box 10 for each check or nay odw c form of '
payment which is returned to us or which we cannot process under our normal operating
procedures.
11. Minimum payment. You may pay eft w the Minimtmn Payment or say amount
over that up to the New Balance. Your Minimum Payawd mutt be in accordance with
our payment instructiom and received by the time of day on the Payrm Due Data
shown on your statement. Your Minimmn Paymmt is cakulaud by Wdq the New
Balance and deducting any amounts which you have properly nonsked us are in dispute
(see notice "Ls Case of Fmors or Inquiries About Your Bill") and multiplying fiat amount
by the minimums payment percentage shown in Pricing Schedule, Sox 10. If the resulting
amount is more theft the minimum dollar amount for a iWalmum payment shown in
Pricing Schedule Box 10, it will be reduced to the next lowest dollar, If the resulting
amount is less tbatt that minimum dollar amount, it will be inereasd to that utWmum
dollar amount. If tho Minimum Paymcut as calculated herein is leas than dw Total
Finance Charge as shown on your statmo st, your Minimum Payment for that statenmeat
instead will equal dw Total Flnmce Charge ()rounded up to the nearest dollar). We add to
your Minimum Payment any Put Dye A,nounts and, at our opda% nay amotlnts In
axecas of your credit line. The Minimum Payasant will never be more than the New
Balance.
12. Late Payment FoWChargs. You will be charged a Late Payment Fee/Chug4 in tlse
amount disclosed in Pricing Schedule Box 10 if we do not receive in accordance with our
payment instructions the Minimum Payment by the time of day on the Payment Due Date
shown on your monthly ataterment.
13. If Your Cards or Checks are Exit or Stolen. If someone used your Card(s) or
Checks without your permission or if they are lost or stolen, contact us irmrnedittaly. You
may tail or write. Call toll tree
1-800441-7681 anytime from all SO states, Washington, D.C., Puerto Rico, and the U.S.
Vingin Islands. For all other locations can 813-884.2997 collect. Write to: P.O. Boa
15919, Wihninglon, DE ]9850-S919. 'You miry be liabk for the unauthorized use of your
Card(s) in an amount not to exceed $SO in any case where your Card(s) are lost or stolen
and you fill to contact us within twenty-four (24) hours. You will not be liable for such
unauthorized use if you contact us in themam w described immediately above wlft the
twenty-four (24) hour time limit or before the unauthorized use oCM&
14. Card Replacement Fee. You may be chupd a Card Rgplaeenter t fee in the
amount disclosed in Pricing Schedule Box 10 for any apocial tewices for a Card such as
obtairdnsg arty Card on an expedited bads.
IS. If Your Cad or Cheek L Reilszed. We are not responsible if a Se11er, Baak or
ATM reuses to boom your Card. Choate or 01640' trannodon on your Account. Although
you may have credit avtt')able, we may not au&orize credit for a pulicalar, trsnsaellon
due to opentional difficulties or, in our discretion, tier any other appropriat4 reasons. '
Transactions made above a certain dollar amount May require audhonirasti0n
befbre the trsmaction is approved. The mmsba oftrannctdona you slake in orre day may
be limited by us. This is done for security reasons, argil as smb, the detaih of how the
amborization syotsm works an not listed in this Agreement. Neither we nor our agents
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will be reopoa dWe if au totyndm for a transaction is not give. If your Accomd is .
ovcrlWdt or delinqueak credit sutborization fat tratuaetioAs maybe decHood.
16. Monthly Stale aft Bub month thus is a debit or credit balmwe of metre ibm
$1, or a Piusuce Charge hu been imposed on your Account, we will fond you a
ataeeaoeent. •17. Copy Fee. You will be charged the Copy fee in the u rvount disclosed in Priciarg
Schedale Box 10 for cub original or copied sale Blip, copied statement, and copy of any
other tscord of docarnent that you request. The (cc is not owed it a request for such
record or document reveala a billing envy or wlattthorixed use on your Account as
defined by the Federal Raaerve Hoard's Regulation Z.
It. Billing Errors. If you have a dispute about your Acc or mt, notify us at soon as
pout Plow read the notice "In Case of Brross or Inquiries About Your Bill." This
notice explains your legal rights about billing errors and defenses under Fedaral Law and
how you must notify us. If any adjusmxnt is made, we will edit your Account,
19. Currency Conversion. If you effect a transaction with your MasterCard card or
Visa cud in s currency other than U.S. dollars, MasterCard TrIamationel Incorporated or
vies, Intar ationW, as appropriate, will oonvert the clutge into a U.S. dollar amount.
MasterCard International or via International will use its conversion procedure. wbicb is
disclosed to institutions that issue MasterCard cards or Visa cards, respeesively,
Currently, the currency conversion rate used by MasterCard International or Visa,
Ilteroational to determine the tratueedon amount in US. dollars for such uWactiona is
generally eitber a governamt amandated rate or a wbolessle rate determined by
MasterCard International or Visa International, ani appropdata for the processing cycle in
which the ttwowtion is pr mucd, increased by an adjustrttcut actor established firm
time to time by MasterCard International and Visa International, ragmfively. The
currency conversion rate -aged by MasterCard Intmational or Visa Interaadwd on the
date your transaction is processed by MasterCard Intermational or Visa International may
differ from the rate that would have been used on the purchase or bwaction date or the
cardholder ustement posting date. The adjustment factor that is part of the currency
conversion rate is one percent, but may be d mged hm tithe to time by MasterCard
Interaational or Via laatamatioral, re dvely. For etch such tansution canvcrl,d into
a U.S. Dollar vacant that Must be converted back into a foreign currency because of a
retlmd or other reversal of the transaction, the assns currency conversion rate formWa sad
procedures will be used,
20. Foreign Currewy Trausedon Fee. For each transactiob in a foreign cun=cy, you
will be charged a foreign currency transaction, fee equal to the peroentage amount shown
in Pxicing Schedule 130110 multiplied by the converted transaction amount. This fee may
be abbreviated as "For. Traa. Fee.,
21. Aathoriratioa to Provide Information, You authorize as to yrovide certain
infotm don on you and your Account to our affiliates and omua, including any oompaay
whose name or mark may appear on the Cards. Complete details regarding our rights to
share infomupon and your right to opt-out of cettaia infotntsdoo being shred is
provided to you when you first receive as ASTO meat and at least once each calendar year
theresficr,
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22. Disputing Account Infomistion Reported to Crain Bmreatts. We Atttdsh
info mastion about yow Account to credit buream. You have the A& to dispute dw
accutacy of the information reported by writing us at P.Q. Box 1 SM. Wilmington, DE
19850-5823.
23. Ching the Tanm of This Agreement. We may change any of the tenor of this
Agreement, including without limitation by adding now trims or by deleting or
modifying erristing terms. We will notify you of any such changes as required by law.
Any changes to this Agreatpent, can apply to all outstanding unpaid indebtedness and any
new transactions on your Account. We may toll or ttalsfwyour Account and any
amounts owed on your Account to another person at any time. If we do. this Agreanent
will still be in effect end any smccensor will have our rights in this Agreement to the
extant assigned.
24. Default and Collection Cats. Your Account will be in default and we can require
that the total outstanding balance be paid if: (1) you fail to pay any smotw owed under
this Agreement when due; (2) you exceed the credit limit is effeat on yow Account; (3)
you do not JbIlow the terns of this Agree asst; (4) your ability to pay us is materially
impaired (includin& but not limited to, budavptcy or insolvency proceedings that are
initiated by or against your, or (S) you default on any other loan or credit obligation you
have with us or another creditor. We do not bave to notify you or des wed payment in
orda to take this wdaL If you are in default, we may, as permitted by law; eaacsl your
credit privileges and require you to pay the unpaid balaaceinamedlatdy; require you to
pay iftw at at tha we of two percent (2Y.) a month on the unpaid balance wham we'deern
your Aeeonnt to be six or more billing cycles past due; and require you to pay reasonable
attorney's fees, any court costa and other collection costs incurred by us in the collection
of any amounts you owe under" ASmernant.
25. Cancellation. We may close your Amount at any time. You will be responsible
far repaying any purchases, Advances or other outstanding charges that are still due on
your Account. Your Card is issued as a way of letting you use your Account. It may not
be transferred. If we request the Card(s), you trust retum there. Any services not
described in ibis Agreomwt that may be provided from time to time in ecanection with
the Account are riot part of this Agreement and may be changed or cancelled at stay time
without Mice or ref tud.
26. Governing Law. This Agreement is governed by the laws of the United States of
America (federal law) and the State of Delawrare. Any dispute concerning any item in this
ASmenent will be resolved by Most laws.
27. Telepbone Monitoring. You agree that your telephone communications with us
may be monitored and recorded to improve customer service and security.
28. Delayed EnforcanenL We may delay enforcing or not cnforco any of our rights
under this Agreement without losing any of them.
29. Severability. The invalidity of any provision ofthis Agreement shall not x1fect the
validity of any other provision.
30. Consumer Reports. We may obtain con mar credit reports franc credit bumA=
ou you st air time in com ation with any extension of credit on year Account, w review
your Account, or for other permitted purposes.
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SPBCLAL RATWO"M
1. Special Rates. From time to time, we may offer you special Periodic Rata and
terms on your Account for all or part of any balances on your Account, For exernpk,
chest offers may involve (ti) balance tnrshr transactions using special checks or other
written request forms we provide or verbal mpmets for such traders which we agree to
honor (referred to as "Balance Transfers" for purposes of this Agreement), (ii) Adv=wA
transactions using special Convenience Checks or other written request foam we provide
or verbal requests for such tranasfers which we agree to honor (these special Advance
transaction: are also subject to the TERMS FOR ADVANCES below), or (iii) other
often on your Acmmt such as inuroductory, promotional or ot6cr reduced rate offers on
Purchases, Balance Trarufars and/or Advances. If we do make such an offer, we will
advise you in the offer of the special rates, how lctag they will be in eff'eok and the
balances to which they will apply. Unless otherwise provided in the offer, your regular
ratoa will apply after the special rocs expire. If a special rate is variable, than the
"Variable Rata" terms of this Agreement (inchubS the Pricing Schedule) wiU apply.
Any special rate offered to you may change to your regular Pmfetrod Pricing rate if you
fail to make any required minimum payment on your Account by the Payment Due Date
or if your Account is closed for any reason. Any special We offered to you or say regular
Preferred Pricing rate may change to your Non-Preferred rate if you fail to moot the
conditions of the "Preferred Custorner Pricing Eligibility" section of tide Agent.
2. Balance Transfer Transactions and other Special Offer:. The terms of this
Agreement apply to any special offers. Balance Transfer texnssations are treated as
Purchases except as noted in this Agreement at any offer we make to you. These
transactions will not bo eligible for the grace period for Purchases, atvapt as stated in the
terms of any Balance Transfer offer made to you. We may identify Balance Twofers and
the related promotional balances by differed terms such as 'TT=fwnd Balance" or
"Balance Transfer." Balance Transfer and other special offers are subject to cot 4dosK
including that a special rata is coruingent on a transaction frmn the offer posting to your
Account before the expiration date of in offer, a transaction from the oft may not be
used to pay arnowo you owe to any .!?Morgan Chase bank or company, and other
conditions that will be disclosed in the offers. If you do not meet those conditions, we
reserve the right to refuse to honor that transaction or to treat a Balance Transfer or
Purchase trarasaotion as err Advance. Certain of the TERMS FOR ADVANCES below
apply to such special offers, including the Declined Check fee and Stop Payment fee
(sections 2 and 3 respectively), as well as our right not to accept certain cheeb (Svc don
6). The Service Charge for Advances (section S) win apply for Advinces often.
3. Transaction Fee for Balance Transfer Transactions. For cub Balance Transfer
transaction described in any offer we may mal e. to you. "may charge a Transaction Fee
FINANCE CHARGE In the amount disclosed in Pricing Scltodnle Box 9. This fee may
be reduced or waived in our sole discretion is any offer we nm*e to you. Tratuaotfor
Fees an pact of the Fimce Charge. The addition of Balance Transfer Transaction Fees
may cause the Annual Percentage Rate fbr Balance, heraafer transacdons to exoeed the
nominal Annual Percentage Rate shown on your staterneW.
4. Delayed Payment Progt'uru. We may offer you in our discretion from time to time
a special promotion (the "Programs") which applies to qualified Tomaaations (defined
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below) made wing your Account during a speafied usage period, What the Program is
offered to you, these tam may apply to Purchases, Balance Thmsfus xxVoy Advances
that are posted to your Amount during the usage period and, if the oft provides, that
meet or exceed a specified dollar amoum andtor that are made at way eligible morchtmt
location ("Qualified Transactions"). We will notify you of the dollar amount of Qualified
Transactions, the eligible merchant location, the date of the usage period and the ending
date of the program when we offer the Program to you. If the offer provides, during the
Program until its ending date Qualified Transactions will not be included is your Aoeount
balance for the purpwe of calculating the Minimum Payment due each month under the
"Minimum Payment" section of your ASreernent, if the offer provides, during the
Program until its ending date Qualified Transactions will not be subject to any pniodic
rate Finance Charges, so that such Qualified Ttattsudions are not added to the daily
balances described its the "Calculation of Finance Charge for Balance Trarufen,
Advances and Purchases" section of your Ag eemeat. If any amount of Qualified
Transactions is not paid in full by the ending date of the Pr+opun, the remaining balance
will thaesfter be included in the Minimum Payment calculation and accrue Finance
Charges in accordance with the r Ida r tam of your Agreement. The special terms of
the Program may apply only if yaw Account is in good standing u the turn a Qualified
Transaction is made, and remains in good standing throughout the Progrm. Except as
modified by the Program, all of the term of your Agreettteatl remain in effect. Following
terrnioadoo of the Program„ your regular Account terms will again apply to all Purchases,
Balance Transfers arWor Advances.
TERMS FOR ADVANCES
1. Advances. An Advance is a cash loan or simliar transaction. You may take an
Advance as follows. 1) Using your Checks. These Checks may only be used by the
person(s) whose names are pre-printed on the Cbecks. We will not certify these Chacb.
2) Using any of our ATMs or any ATM, wWch any be provided for your use by another
financial institution or company. 3) Using a Cash Advance slip. Cash Advance slips may
be obtained $om any of our branches or from any bank that accepts the Card. 4) Using
the otDdal check trailed to you in response to your request. S) Using any other service
that may be connected to your savings or cheeldag accounts, which rosy be offered by us,
that allows you to take Advanees on this Account. 6) Fateriog into lrsumdons that
involve the purchase of items convertible to crib or similar transactions, whiob we may
treat as Advaecea, including but not limited to wire transfers, money order:, travelers
cheques, gaming transactions, and tax piymetus. Advances may also be referred to as
Cash Advances or Cash.
2. Declined Check Fee. You will be charged the fee in the amount disclosed in
Pricing Schedule Box 10 for each Check, Balance Transfer Check or other farm of
Advance or Balance Transfer which cannot be proccasad bacsuss you are over your
credit line, or mould be if such cheep or transaction were processed, or your Account is
delinquent or closed.
3. Stop Payment Fee. You will be charged the ka in do amount disoloseed in Pricing
Schedule Box 10 for each request you snake for us to stop payment on a Chock' Balance
Transfer Check or offer fom of Advance or Oalareee Transfer that we make on your
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behalf or to cancel a stop payment request. You must provide us with any information we
ireaaooably require in order to process your mop payment or cancellation request. We do
tut have to honor any stop payment or cancellation request unless we have a reasonable
opportunity to act on it before the Check, Balance Transfirr Check or other form of
Advance or Balance Transfer is paid or approved for payment, We will not be liable in
any way for any stop payment or eancelladon request that we honor or fail to honor if we
used ordinary care.
4. Limits on Advances. For Advances taken Goan an ATM, there is a limit for each
transaction ad a daily limit that you may obtain.
S. Service Charge/Traosaetion Fee for Advances. For cub Advance, you will be
charged a Transaction Fee FINANCE CHAROB in the a==I disclosed in Pricing
Schedule Box 9. Any mini nurn and maximum Transaction Fear are also diselmed in the
Pricing Schedule. The total amount of Transaction Fees will be shown in this deser dvo
potion of your staterneot. Transaction Fees are part of the Finance Charge. The addition
of Transaction Fees may cause the Annual Percentage Rate on Advances to exceed the
nominal A= W Percentage Rate shown on your statemesht.
6. Our Responsibilities to Honor Checks. We may not accept your checks i e 1) by
paying a Cheek, a Balance Ttawfer Cheek or our check you would go over your credit
line; 2) your Cluck, Balance Transfer Check or payment check is postdated; 3) your
Cards, Cheeks or Balance Transfer Checks have been reported lost or stolen; 4) your
Account has been, cancelled or has expired. U a postdated check is paid and as a result
any other cheek is returned or not paid, we are not responsible. You may trot use a Check
or Balance Transfer Cheese to pay any amount you owc under this Agreement.
TERMS FOR PURCHASES
You may use your Account to purchase or lease goods and services or for lodging
services when making guarantoW reservations or advance deposits.
TMtMS FOR BALANCE TRANSFERS,
ADVANCES AND PURCHASES
I . Caleuladon of Fi mxo Charge for Balance Transfers, Advances and Purchases.
That portion of the Finance Charge which is determined by using the daily Periodic Rate
is calculated veparstely for Balance Trmsfen, Advances and Purchases, but using the
scone method (generally known as the "average daily balance. including now
transactions" metbod). Separate average daily balances (which may be referred to as
"Finance Charge Balances") sae calculated for Balance Transfers, Advances and
Purchases, and each such balance is multiplied by the applicable daily Periodic Rata
Subject to the grace period for Purebam described below, Finance Charges scone on
Purchase, Advance and Balance Transfer transactions and fence beginning on the date the
transaction occurs or on the first day of the billing cycle it Is received by us (whichever is
Marl or, at our option,6 the date the Usnaaction is posted to your Account. Finance
Charges continue to ucnw until payment in full is received.
We determine each of the average daily balances as follows. For each day in the
billing cycle, we take that day's begineing balance for 9alaace T msfsss, Advances and
Purchase (an amount that ineludes accrued and/or unpaid Finance Charges, fees and
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odd ebwles from previous billing cycles) end add any new Balance Tmufas,
Advances, Purchases, or other debits to the appropriate balme. We also add to tub such
balance an amount equal to the previous day's ending balance of Balance Ttydssliere,
Advances or Purchases multiplied by the applicable daily periodic Rate (or if more than
one rate could apply depending on the avenge daily balance reaching a cocain level, the
lowest applicable rate). We then subtract hom the appropriate balance any payments or
credits posted that day. This gives us the daily balances for Balance Transfers. Advances
and Purchases. We then add all of the daily balances separately for Balance T ranefen,
Advances and Purchases (excluding days which send with a credit balance), and divide
each sum by the dumber of days in the billing cycle. This Siva us the average daily
balances for Balance Traaafen, Advances and Purchases. All fees charged to your
Acootaat are added to the appropriate Purchase balance, except for any Transaction Fee
that is added to the appropriate PurchaaC Advance or Balance TYansfer balance. This
Agreement provides fat the eompoundiag of Finance Charles.
Them we multiply each average daily balance by the applicable daily Periodic
Rate, and then by the number of days in the billing cycle. The daily Periodic Rate will
equal 11365th of the Annual Percentage Rate. The daily Periodic Rate and Annual
Percentage Rate are disclosed in the applicable portion of the Pticirg Schedule, as may
be amended from time to time. These FINANCE CHARGES determined by Periodic.
Rate for Balance Transfers, Advances and Purchases are added to any Traaaaetion Fees
to get the combined amount of FINANCE CHAROB shown on your nnnnthly atsurnent.
For Purchases only, there is a minimum FINANCE CHARGE In the amohmt disclosed in
Pricing Schedule Box 8 US F UM$ Charge for Put+chsses is imposed.
There will not be a periodic rate Finance Charge on purchases if we receive
payment for the "New Balance" by the bale of day on the "Payment Due Dais" shown on
dne monthly statement. (This is imown as the "grace period.') You may also avoid
Finance Charges for new Purchases for the first billing cycle In which they are posted to
your Account if that cycle began with it "Previous Balance" ofuro or the "Previous
Balance" is reduced to zero by credits or payments we receive by the time of day on the
"Payment Due Dare" shown on yew previous monthly statement. Payments mutt be in
accordance with our payrtnent instructions. That is no grace period for Balance Transfers
unless the terms of the Balance Trarnsfar offer state there will be a grace period, and for
Advances.
2. Periodic Rates. The daily Periodic Rates applied to the Balance Transfers,
Purchases and Advances average daily balances and the corresponding ANNUAL
PERCENTAGE RATES we in the Pricing Schedule. Where the Pricing Schedule
includas "Variable Rate Index and Margin' infomaation for a pardoular rate that applies
to your Account. that rate is a variable rate and the disclosuro below regarding variable
rates apply dbr that rate. Where the Pricing Schedule does not include such "Variable
Irate Index and Margin" information for any particular rate (as indicated by an "PIA" for
"rat applicable" or the absence of such b6nnnation in the Pricing Schedule), ('tut rate is
fixed and the disclosures below regarding variable rata do not apply. Furdla, for any
portio dar fat in the Pricing Schedule that is preoeded by the terms "Preferred" or "Non-
PrefirrW", that rate is subjeat to the "Preferred Customer Pricing Eligibility" section that
appeen below. When Your Account satisfies flu "Preferred Customerprieine
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conditions, t11e' Prefeued" rates may apply; who it does not, the "Non-Preferred" rates
apply. If difl'erant Periodic Rates apply to balances incurred befbm and after a certain
date or transaction, we may identify such balances in promotional offers, on statements or
otherwise using terms such as "Curreat" or "New" to refer to balances subject to
promotional rates or new transactions, ad "Price" or "Old" to refer to balsam subject to
regular rates or existing balances. For example, different rates may apply to bab ocu
incurred before and actor the date a B stance Traosk subject to a promotional rate offer
posts to your Account, or to balances incurred bef a and after your Account beeotnes
eligible for Preferred rates after a Nan-Preferred rate was in effee. iftbe Periodic Rate
for me type of balance on your Acc ow is tho saran as the Periodic Rate for another
balance, wo may combine them and refer to those combined balances as Purchases,
Balance Transfers or Advances as applicable.
3. Variable Rates. If the daily Periodic Rate and corresponding ANNUAL
PERCENTAGE RATE that apply to your Account are variable rates (see the Pricing
Schedule), they may increase or doweese from one billing cycle to mother. These rates
are band on the value of an index (the "mdse") to which we add a margin. The Index
sad margin us is the Prleing Schedule. The Index plus the margin detumine time nominal
ANNUAL PERCENTAGE RATE.
If time Index is not published on the relevant date, the substitute Index we we in
setting the daily Periodic Role for Balance Transfers, Purchases and/or Advances on your
Account will be the prime Rate published In The Now Yak Times or any wher
newspaper of national circulation selected by ems. For purposes of this Agreement, the
Index is merely a pricinS index, It is not, and should not be considered by you to ,
represent, rho lowest or the best interest rate available to a borrower at any particular
bank at any given dm
n* daily Paiodic Rate for Balances TrADIleras Purchases and/or Advances
in=ua when the Index -increases on the relevant date, and decreases when the Index
decreases on the relevant data. An increase in the rate may cause you to pay is bier
Phismce Charge and a higher minimum monthly payment. A decrease In the me may
cave YOU topay s smNla Finance Charge and a lower minimum monthly payment. Any
limit on the amount by which the daily Periodic Rate and the cmespormding Annual
Percentage Rate may change at any one time or over the His of your Account is set forth
in the Pricing Schedule, if no limit appears for My pudeWsf rate, than that rate has no
limit by which it tray change.
4. Pr+efetred Customer Pricing Eligibility. If "Preferred" and "Non Preferred" rates
appear in the Pricing Schedule, this section applies to your Account. Your Account will '
be reviewed every month on your Statement Cl"ag Date to dek T min0 its continued
eligibility for the Preferred or Non-Preferred rates. On each monthly review, we may
change your interest rates and impose a Non-Preferred rate up to the amexiammn Non-
Preftarred rate (subject to SAY minimum nts) dem7M in your Agreement for each
ocnntrreace when you do riot meet the conditions described below to be eligible for
Pt+sfared rates. Any chemges in your interest rates u a result of the monthly reviews for
Preferred or Non-Preferred rates will be effective with the billing cycle ending on the
review date.
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To be eligible for Preferred rates, the following conditions must be met as of the
review date: you have made at least the required minitnwm payments when due on your
Aeeomi and on all other loans or accounts with us and your other creditors; the credit
fimit on your Account has not been exceeded; and any payment ors your Aeoount has not
been returned unpaid.
If you do not meet all of these conditions, then you will be in default under this
Agreement and your Account may lose its Preferred rates. In this event, s Non-Preferred
rato up to the erwdmum Nan-Preferred rate (subject to my minimum rate) will apply to
ail existing and r&w balances on your Account; and these balances will remain sublet to
a Non-Preen ed rate until they a» paW in W. When, we review your Aomunt in
subsequent monthly reviews, we easy defta ine to charge reduced Non-Preferred rues or
rdastate Preferred rates for new Purchases, now Balance Transfix: and new Advances it;
Boer a time period not to exceed 12 months, the following conditions are met: your
Account is open. you have made the required minimum psyments when duo on your
Account and on all other loans or accounts with us and your other creditors, the credit
limit on your Ac count has not been exceeded and any payment on your Account has not
beea returned unpaid. Notwithstanding the above, we may waive our rights, such as our
right to enforce a Non-Prefaced rate on existing and new balances until paid in !till or to
enforce any minimum Non Preftvd rate. However, if we do waive any of our rights and
than is another occurrence when you do not raw the conditions described above to be
eligible for Prefared rates, we may again impose a Non-Preferred rite up to the
maximum Non-Preferred rate (subject to any minimum rate) on all existing and new
balances until they are paid in lW1.
We may obtain consumer credit reports from credit bureaus on you at any time in
the future. We may use the reports and their contents, as well as information about your
Account including its payment ardor usage history and your other relationships with us
and our affiliates, to mviow yours Account including for the purposes ofdow mining its
elilp"Wilty for Preferred rates and of establishing the Non-Preferred ratan that may apply
to your Account.
ARBITRATION AGREEMENT
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION AGREEMENT
CARF.FXJLLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A
CLAIM OR DISPUTE THAT IS COVERED BY THIS ARBITRATION AGREEMENT
THROUGH ARBITRATION, BVBN IF YOU WOULD PREFER TO LITIGATE THE
CLAIM IN A COURT. YOU ARE GIVING UP RIGHTS YOU MIGHT HAVE TO
LITIOATE SUCH CLAIMS IN A COURT OR BEFORE A JURY OR TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE
ACTION WITH RESPECT TO SUCH A CLAIM, OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE
RIGHT TO APPEAL THE DECISION. MAY NOT 13E AVAILABLE IN
ARBITRATION OR MAY BB MORE LIMI'T'ED. CERTAIN CLAIMS By ErMBR OF
US AGAINST THE OTHER SEEZt ING UP TO 325,000, EXCLUDING INTEREST;
COSTS AND FEES, MAY BE RESOLVED BY LITIGATION AND NOT
ARBITRATION.
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.TUN-22-8004 1573 JP MORGAN CHASE BANK 210 586 7263 P.13
1. Binding Arbitration. This Arbitration Agreement is made parr4M to a transaction
involving interstate commercq, and shall be governed by and be entbrceable under the
Federal Arbitration Act (the "FAA"). 9 V.S.C. i1-16 as it may be amended. This
Arbitration A wtncnt sets forth the ciraumstauces and proeedum tinder which claims
(as defined below) tray be resolved by arbitration instead of Ming litigated in court.
2. Claims Covered Any claim or dispute ("Clain", which terns may refer to more
than one claim as is appropriate for the context in which it is used) by either you or us
against the other, or against The employees. agents, or assigns of the other arising from or
relating in any way to the Cardatomber Agreement, any prior Cardmember Agreement,
your credit card Account or the advertising, application or a pprovat of your Account,
will, at the election of either you or us, bo rosolved by binding arbitration. This
Arbitration Agrectneatt governs all Claims, whether such Claims are hued on law,
statute, contract, regulation, ordinance, tort, coorufnoo law, constitutional provision, or any
legal theory of law such as respondent superior, or any other legal or equitable ground
and whether such Claims seek as remedies money durages, penalties, injunctions, or
declaratory or equitable relief Claims subject to this: Arbitration Agratiment include
Claims regarding the applicability of this Arbitration Agmement or the validity of the
entire Cardwomber Agrseanent or any pri or Canime tuber Agreement. As Used in this
Arbitration Agreement. rho term "Claim" is to be given the broadest possible enaacivq.
Notwithstanding the 6orcgoing, a Claim aW be resolved by litigation end is not subject
to arbitration under this Arbitration Agreement if (1) the only remedy that will be sought
by either of the parties is monetary damages; (2) neither putt' will seeds a recover in
excess of 525,000, excluding Interest, costs and fees; and (3) the only parties to the
litigation will be you and us. If orb party wants a Claim to be resolved by arbitration, but
the otter piny believes the Claim may be 1108&W subject to this small claims exception,
the party seeking arbitration may require reasonable assurance ftom the other party that
the conditions are true and that the piny wishing to resolve the Claim by litigation will
take no action now or in the futon to change the nature of the Claim to that it would no
longer meet the conditions of this small claims exception. If such reasonable uswtancq is
not provided, the patty seeking such assurance may require the Claim to be resolved by
arbitration.
As used in this Arbitration Agreerttenk the temt "Cldme includes claims that
arose in the past, or arise in the present or the Ntum If a party elects to arbitrate a Claim,
the arbitration will bo conducted as an individual action The only Claims that may be
joined in an individal action under this Arbitration Agreement am (1) those brought by
us "ling you and any co.applicant, joint cardmoreber, or authorized user of you
Account, or your hein or your trustee in bankruptcy or (2) those brought by you and any
co-applicant, joint cardmember. or authorized user of your Account, or your heirs or your
trustee in barJwgttty against us. This metes that even if a class artisan lawsuit or other
cspraaantative actiom ouch as those in the form of a private attorney general action, is
filed, any Claim between its related to the issues rde d in such lawsuits will be subject to
arbitration if you or we to elect. Claims aaibject to arbitration include Claims that are
trade as oountxralairrss, crosacldink third-party chum intorpleeders or otherwise, and a
party who initiates a proceeding in ceturt may elect arbitration with respect to any such
Claims advanced in the lawsuit by any putt' or parties.
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JUN-22-2W4 15-'24 JP MOR" CHASE SAW 210 5%7263 P.14
For the p xpwes of this Arbitration Apeemea, "we" and "us" mesas Chase
Mmhat= Bank USA, N.A., its parent, subsidiaries, affiliates, Uceosees, predecessors,
successors, udps, any pwchua of your Account, and all of dltait officers, directors,
employees, agents, sad assigns or any sad all of them Additionally, "we" or "us" shall
mean my third party providing benefits, services, or products is comection with the
Account (including but not Nmited to credit bureM, merchants that accept any credit
device issued under 6o Aoaounri rewards programs and earolhnent services, credit
insurance cvmpsnies, debt vollactors, and all of their officers, directors, anployces,
agents and reprasauativa) if, and only if, such a third party is named by you as a co-
defendant in any Claim you sasect against us.
3. Initiation of Arbitration. The patty tiling an arbitration must choose one of the
following three arbitradon adrninistrnors: American Arbitration Association; JAMS; or
National Arbitration Forum. However, if we elect in administrator, you will have teen
days alter receiving notice of our elee6c s to request that the arbitration be conducted
pursuant to rules of one of the other two arbitradon adminiatratom To exercise your
choice, your must notify us of your c icicc by writing us at P. O. Box 15933, Wilmington,
DE 198S0-5933. Send us a copy of the notice you received and state which of the other
two arbitration administrators you choose. These administrators am independent from us.
The administrator does not conduct the arbitration. Arbitration is conducted under the
rata of the selected administrator by an Impartial third party chosen in accordance with
this Arbitration Ngreanant and rules of the selected administratot. Any arbitration
bearing that you attend shall be held at a place chosen by the arbitrator or arbitration
administrator within the federal judicial district in which you reside at the time the Claim
is filed, or at some other place to which you and we agree in writing. Yon rosy obtain
copies of the current rules of each of the three szftadon sdmidstrators, information
about arbitration and arbitration fbes, and instructions for initiating arbitration by
contacting the arbitration administrak=.
American Arbitration Association
335 Madison Avenue, Floor 10, New York, NY 10017-460$
Web site: www.a&.org
8006778-7879
JAMS
1920 Main Street, Suite 300, Irvine. CA 92610
Web site: www jmu&dT.corn
800-352-5267
National Arbitration Forum
P.O. Box 50191, Mine spolis, MN 55403
Web site. www.arbitration-foruoa.com
800-474-2373
4. Procedures and law applicable in at°bitrsdoe. A si ale, neutral ubitmtor will
resolve Claims. The arbitrator will either be a lawyer with at least ten years' experience
or a retired or forager judge. The arbitrator will be selected in accordance with the rules of
the arbitration administrstor. The arbitration will be conducted under the applicable
procedures and vales of the arbitration admbA Mttor that are in effect on the date do
arbitration it filed unless those procedures rand roles we iaoonaist"t with firer Arbitration
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Jt.N-22-2084 15124 JP MORGAN CFW BANG 210 586 7263 P.15
Agreement, in wbiclt cane this Agreement will provid Thep procedtrret And lutes may
limit the amount of discovery available to you or us. The arbitrator will apply applicable
substantive law consistent with the FAA and applicable statutes of limitations, and will
honor claims of privilege recognized at law. You may choose to have a hewing and be
represented by com sel. the arbitrator will take reasonable steps to protect customer
Account iaformadon and other eonfidatial inforn>ation, including the use, of protective
orders to prohibit disclosure outside the arbitration, if requested to do so by you or us.
The arbitrwar will have the power to award to a party any damages or other relief
provided for under applicable law, and will not have the power to award relief to, against,
or for the benefit of any pence who is not a party to the proceeding. The arbitrator may
aaard punitive damages or attorney fees. if such damages am authorised by law. The
arbitrator will make my award in writing but need not provide a statement of reasons
unless requested by a party. Upon a request by you or us, the arbitrator will provide a
brief statement of the reasons for the award.
3. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to
the amount of 3500 upon receipt ofproof of payment. Additionally, if there is a hearing,
we will pay any fez of the arbitrator and arbitration administrator for the first two days
of that hearing. The payment of stay such bearing fees by us will be made directly to the
arbitration administrator selected by you or us pursuant to this Arbitration Agreement.
All other fees will be allocated in keeping with the rules of the arbitration adminiftator
asst applicable law. However, we will advaraco or reimburse RUM tees and other fees if
the arbitration administrator or arbitrator determines there is good reason for requiring us
to do so or you ask us and we determine there is good cause for doing so. Each party will
bear the expense of the fees and costs of that patty's attorneys, experts, witnesses,
documents and other expenses, regardless of which party prevails, for arbitration and any
appeal (as permitted below), except that the arbitrator shall apply any applicable law in
determining whether a party should recover arty or all few and costs from another party.
6. Fnfomer am% finality, appeals. You or we may bring an action including a
summary or expedited motion to compel arbitration of Claims subject to arbitration, or to
stay the litigation of any Claims pending whittation, in any court having judsdietion.
Such action may be brought at any tire, even if any sueb Claims are part of a lawsuit.
Failure or forbearmrce to enforce this Arbitration Agreement at any particular arose, or in
eoauaeethon with any particular Claims, will not constitute a waiver of any rights to
require arbitration at a later time or in connection with say other Claim:. Any additional
or different agreement between you and us regarding arbitration must be in writing. The
arbitrator's decision will W final and binding, except for any right of appeal under the
FAA. In addition, the non-pwailing party may appeal any award that exceeds S100 000
or teat irno3udes an award of punitive damages. Any request for an appeal must be tiled in
writing with the same arbitration administrator within 30 days of the receipt by the non.
prevailing party of notice of the original award. The appeal shall be bend berom a peeel
of th me oemral astitrators designated by the same arbitration administrator. The panel
will consider all factual and legal issues anew, follow the same rules that apply to a
proceeding using a single ubitratm, and make decisions based on the majority vote. The
cost of the appeal imposed by the arbitration administrator shall be borne by the
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JLH-22-2004 15124 JP Mprtt•M CHFiSE BFW 210 586 7263 P.16
gTaft patty. An awsxd in srbitmtion will be whrceeble w provided by the FAA or
other spplicable laver by any court having jurisdiodon.
7. Severability, survival. This Arbitration Ag eerneot shaU survive: (1) termiastion or
changes in the Cardmember Agreement, the Account and the rolsd wUp between you
and us concerning the Account, such as the isauing of & new account number or the
trawfsrring of the balance in the Account to anolm account; (ii) the baaAcruptcy of any
party; and (iii) any tranafar, sate, or aWpnment of your Account, or any amouats owed
on your Account, to any other person. If any portion of this Arbitration Agreement is
deamid invalid or uncefoxcable, the remaining portions shall nevertheless remain in
force.
FOR OHIO RESIDENTS. The Obio laws against discrimination require that all creditors
make credit equally available to all c reslitwotthy customers and that credit reporting
a,guuscies maintain separate credit histories on each individual upon request. The Ohio
civil rights commission administers compliance with this law.
]N CASE OF ARMORS OR INQUIRIES ABOUT YOUR BILL
YOUR BUIVO RIGHTS-KEEP THIS NOTICE FOR FUTURE USE
This notice contains importattt information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify Us in Case of Errors or Questicos About Your Bill
Ii you think your bill is wrong, or if you need snore information about a
trasumdon on your bill, write us on a separate shad at the address listed on your bill after
the word(s) "Questlosa" or "Send Urquidw To%" Write to us no later than 60 days after
we sent you the first bill on which the error or problem appeared. You can telepbone us,
but doing so will not pressave your rights.
In your letter, give us the following information:
• Your nose sod account number.
• The doUar amount of the suspected error.
• Describe the error and explain, if you c can, why you believe there is
an error. If you need mock infornution, describe the item you ante not sure about,
if you have authorized us to pay your credit card bill auto >atttioally from your savi4 or
checking account, you can stop the payment on any amount you g ft is weans. To stop
the paymeatt your letter must retch us three business days before the ams uitic payment
is scheduled to occur.
Yourldights and OurResponsibilities After We Receive Your Written Notice
We mum acknowledge your letter within 30 days, unless we have corrected the
error by then. Within 90 days, we roust either correct the error or eacplain why we believe
the bill was coated.
After we receive your letter, we cannot try to collect my arnount you question, or
report you as delinquent. We can continue to bilk you :for the amount you question,
incluft finance charges, and we can apply my unpaid amount seeing your credit line.
You do not have to pay any questioned amoral while we are inveedgatims, but you are
still obliged to pay the parts of your bill that are not in question. If we find that we made
a mistake on your bill, you will not have to pay any finance c1mgee related to any
LT *41 occe iar83SUI dH WdO*':E E00a Sa unr
Jt.N-22-2004 153 24 JP MOROM CHASE BEAK 210 SSG 7263 P.1?
questioned amount. If we didn't make a znWks you may have to pay tint charges,
and you will have to make up any misted payroents on to questioned amount. In either
case. we will send you a Astement of the mood you owe and the data that it is due.
If you Oil to pay the amount that we titick you owe, we tray report you u
dstiaquent. However, if our explanation does not satisfy you and you write to as within
ton daya telling ns that you still reiirse to pay, we MUM tell anyone 1110 report you to that
you have a question about your bill. And, we must tell you the name of anyone we
reported you to. We must tell anyone we report you to that the matter has been settled
between as when it finally is.
If we dom% follow these rules, we can't collect the first $50 of the questioned
unount, even if your bill was correct.
Special Rule for Credit Card Purdwas
If you have a problem with the quality of property or services that you purchased
with is czvdit card, and you have tried in good faith to corroat the problem with the
marcUnt, yov may have the right not to pay the remaining amount due on the property or
service's. There an two limitations on this tight:
(a) You must have made the purchase is your home state or, if not within
your home state, within 100 miles of your current mailing addtvss; gad
(b) The purchase price trust have been more than $50.
'rinse liatitations do not apply if we own or operate the m or If we mailed you the
a rdvertiseanent for the property or s avices.
Copyrigbt m 2004 I.P. Morgan Chase & Co. All right reserved.
M-660'1
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Asset Acceptance LLC F 3 L E D^ OF (
Assignee of Chme/Washington Mutt l THE 28405 Van Dyke 2q, I FFB Is PM 3: 2 9
Warren MI 48093
Plaintiff 1BE9iE+t, r i NO. 2011-886
PENNSY ` ` ` t j t Civil Action- Law
V.
Kristin Gally
35 Stony Creek Court
Carlisle, PA 17013
Defendant
Defendant's Answer to Complaint
The defendant, Kristin Gally, responds to the complaint by the Plaintiff and its attorneys, Fulton, Friedman
& Gullace, LLP, as follows:
1. ADMIT in part. I did have an account with Chase/Washington Mutual. DENY in part, I have
been presented no evidence that the account I had with Chase/Washington Mutual is the same
account as the debt alleged in this complaint. Furthermore, there is a lack of privity between the
defendant and Asset Acceptance, LLC.
2. I, Kristin Gally, admit to residing at 35 Stony Creek Court, Carlisle, Pa 17013.
3. Responding Party objects to this request on the ground that it is vague, ambiguous and
unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and
"the account."
4. Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained within paragraph 4
5. Responding Party objects to this request on the ground that it is vague, ambiguous and
unintelligible in that Responding Party has to speculate as to the meaning of "the account."
6. Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained within paragraph 6
7. Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained within paragraph 7.
Wherefore, Defendant denies every other allegation not previously admitted, denied, or controverted.
Respectfully Submitted,
Kristin A. Gally
35 Stony Creek Court
Carlisle, PA 17013
i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Asset Acceptance, LLC
Plaintiff NO. CIVIL , 886 2011
VS.
Kristin Gally
Defendant
C c "ry
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in them - z
Following form: Z
. ?
r
. -,m
PETITION FOR APPOINTMENT OF ARBITRATORS Qo
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David R. Galloway, #87326
counsel for the plaintiff/defendant Dc na
in the Aov? °rn
action (or actions), respectfully represents that:
CD ,
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 1,939.29
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators: ?
C C
_
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) W
arbitratoi&?
.?"?
r`
m
whom the case shall be submitted.
?
tV a
?W
Respectfully submitted,
Pd-aq
n C..1
'v ?
Cn
C
A
6913 0.1
IVA
w
m
c-q
ORDER OF COURT
AND NOW, A 3 , 20A/ , in consideration of the foregoing
petition, ?? Esq., and ?J13
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed ;or.
? (,//"L '.y - By the Court,
l ? Jr? s?l h ga ! t, evin A. Hess, P.J.
y
45pe e_s Ma,l ed Slaglll
14
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
Plaintiff
V.
KRISTIN GALLY
Defendant(s)
NO. 2011-886CivilTerm
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators was served this date by
depositing same in the Post Office, first class mail, postage prepaid, addressed as follows:
KRISTIN GALLY
35 STONY CREEK CT
CARLISLE PA 17013
Date:
Fulton Attorneys in the Practice of Debt Collection
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866) 563-0809
FFG fle#: 263397
11111111 IN IN 1111111111 Hill 1111111111111 IN IN III
Respectfully Submitted,
By:
David R. Galloway 7326
Friedman & ullace, LLP
Counsel for Plainti
PA/PA CERT OF SERVICE
5 St- ftcceen ce. LL-C
Plaintiff
&a0
De dart
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. I I - 3R67
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Com nwealth and that we will discharge th uties gt?tr office
with fidelity.
Signa re Si ature . nat
Nam (Chairman)
Law Firm
q
e 6 &)? r Z-7-7
,
?Address
1 PA ?a3
City, Zip
Name
1
„3:ar,?; t- ^SCC?-1rC\; PC .
Lam
1-1-I S. 1400- er- lSwec--k-
Address
Cas-l )?A 170) o?
City, Zip
DLI?w F `2 o
Name
Law Firm
14'4' 6
Address
6q641(1 PA- P v 13
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
follov?ng award: (Note: If damages for delay are awarded, th7 shall be separately stated.)
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: 7 ` J
V"" an)
Date of Award:
7-8, If rM47-L-=-
Notice of Entry of Award
Now, the ?- day of , 20 )1 , at , A .M., the above award was
entered upon the docket and notice ffiere8f given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ -3?56 • Z`L'
Prothonotary
By:
Deputy
clLED-OFFiCE
OF THE PROTHONO T Arti;
2011 JUL -8 AM 9*. 44
OUPENN YLVAN A OUNTY
r /
Ile)
??f L'j /vtGe 16? 7/;?b I
ASSET ACCEPTANCE LLC, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0886 CIVIL 2011
V. (11-886)
KRISTIN GALLY
Defendant
ORDER
On this the (a . day of July, 2011, Sheri D. Coover, Esquire is named
as an Arbitration Board Member to replace Michael S. Travis, Esquire for the
hearing scheduled to be held at 9:00 a.m. on Friday, July 8, 2011 in the second
floor hearing room of the old Courthouse.
cc: Kevin A. Hess, President Judge
David R. Galloway
Counsel for Plaintiff
Fulton, Friedman & Gullace, LLP
130B Gettysburg Pike
Mechanicsburg, PA 17055
Michael S. Travis. Esquire
3904 Trindle Road
Camp Hill, PA 17011
Sheri D. Coover, Esquire
44 South Hanover Street
Carlisle, PA 17013
N
G7
rnw
M
cn D ._
<CD
c w
--? Na
Kristin Gally
Defendant
35 Stony Creek Court
Carlisle, PA 17013
Drew F. Deyo, Esquire
Rominger and Associates
155 S. Hanover Street
Carlisle, PA 17013
? Kathleen K. Shaulis, Esquire
P. O. Box 1229
Carlisle, PA 17013
?rn
--r c2
?r
7?rr?ri c pYw?rt.l d `4c) / '5114 oily
?? Pe'- 2066;
IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,
ASSET ACCEPTANCE LLC MW C/)
T+
-
assignee of CHASE/WASHINGTON MUTUAL ??
cn r- rv -
Plaintiff NO. 2011-886CivilTen-n
V. CIVIL ACTION - LAW > c, -
,
r
KRISTIN GALLY - - s
C
7)
Defendant(s)
PRAECIPE FOR JUDGMENT ON COUNTY ARBITRATION AWARD
TO THE PROTHONOTARY:
Enter Judgment on the arbitration award entered in these proceedings in favor of Plaintiff and against Defendant in the
amount of $1939.29 less payments of $0.00 for a total Judgment of $1939.29 with interest of six percent (6%) from
07/08/2011 and costs.
Fulton Friedma & Gullace, LLP
David R. Gallo ay
Attorney ID 87326
130B Gettys urg Pike
Mechanicsb g, PA 17055
(866) 563-0809
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of Fulton Friedman & Gullace, LLP, and hereby certify that a copy of
the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage prepaid,
addressed as follows:
KRISTIN GALLY
35 STONY CREEK CT
CARLISLE PA 17013
David R. Galloway
Attorney ID #87-3?
File # 263397
PA/PA_PRAEJDARB
%14'060 °` k\
OS'A ?k as?sq
24- a4g97J ed
(Uohi:,o M a ( 1
N55r-? rf 6& L---C
Z2 Plaintiff
??-??? + ? C-sall
DAAdant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. I I - 56b
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of thi$ Co nwealth and that we will discharge th uties office
with fidelity. ( ,l
)6 Co 4-c
Signa a Si ature atu
k?64MV
Name (Chairman) ' . ,
?
Law Firm
PO 12 -7--7
Address
Q`xdkdJ---i PA (300
City, Zip
,? hb? C) &`(C--4-
Name
axcl,- ql d- Scwin , PC.
Law Firm
Address
Ca,y'blc , PA 1701 i?-
City; Zip
?o
Name
0,6m,\M? ?t+ *?`- ?? SSa u
Law Firm
sf - ? s -?
Address
6ar(14G P+ Pa 13
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
folio ng award: (Nose: If damages for delay are awarded, thy shall be separately stated.)
nn , .
r^X?
G . Arbitrator, dissents. (Insert name if applicable.
Date of Hearing: ` d
(Chairman)
Date of Award: Law,
Notice of Entry of Award
Now, the day of J,L , 20 P , at , A .M., the above award was
entered upon the docket and notice ffieredf given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ -315T -
By:
Prothonotary
TRUE COPY FROM RECORVY
In Testimony w wv&, I Mro unto set my twW
and the seal of aW C at Vila. Pa.
This ? day of , 20 /f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
Plaintiff
V.
KRISTIN GALLY
Defendant(s)
NO. 2011-886CivilTerm
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows:
Principal in Complaint $1939.29
Less payments received $0.00
Interest in Complaint $ -0-
Attorneys' Fees $ -0-
TOTAL $1939.29, plus court costs A%
NOW. 20, JUDGMENT IS TERE S E.
Prothoi er
By:
Deputy
I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is:
KRISTIN GALLY
35 STONY CREEK CT
CARLISLE PA 17013
FFG file #: 263397
111111111111 IN 1111 IN 1111111111111111111111111111111111
FULTON, FRIED-MAN, & GULLACE LLP
Signature: V
David R. Galloway "8711
130B Gettysburg Pike
Mechanicsburg, PA 1 055
(866) 563-0809
Counsel for Plaintif
PA/PA NTCOFJ
' ...wpskr _, M
. ? ;?
a< ? f? @
nF .. ±A
'? ?? why.@b ? n ?r?„
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CHASE/WASHINGTON MUTUAL
Plaintiff
V.
KRISTIN GALLY
Defendant(s)
TO THE PROTHONOTARY:
NO. 2011-886Civi1"Perm
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
Please mark the above referenced judgment and case as satisfied.
By: Y-
David R. Galloway #81326
Fulton Friedman & Mace, LLP
Counsel for Plaintif
Attorneys in the Pra tice of Debt Collection
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866) 563-0809
CERTIFICATE OF SERVICE
ED-OF iCE
?F Tit ?ROTHONOTAR',
20:2 FEB -I PM 2: 3 t
CUMBERLAND COUNTY
PENNSYLVANIA
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail, postage prepaid, addressed as follows:
KRISTIN GALLY
35 STONY CREEK. CT
CARLISLE PA 17013
David R. Galloway
Attorney ID #87326
FFG file # 263397
PATA_PRAESAT
OL(* a9.so(d a
CO- /1 -139 /